Patent Registration in Nepal: What Inventors and Small Businesses Need to Know

If you've built something new, like a machine, a manufacturing method or a chemical process, then there is a good chance you have wondered whether you can legally protect it in Nepal. The answer is yes, but the process is slower and more document-heavy than most people expect. This guide walks through how patent registration actually works here, what it costs, how long it takes, and what to look out for.

What the Law Says

Nepal's patent system runs on a single law, i.e. the Patent, Design and Trademark Act (PDTA), passed in 1965. The law has been amended twice, but only to adjust penalties and administrative procedures. The core framework has not changed. A draft replacement law, the Industrial Property Act, is currently sitting in legislative review. It aims to modernize the system to align with international standards set by the World Intellectual Property Organization (WIPO), but as of 2026 it has not been passed.

All patent work is handled by the Industrial Property Section of the Department of Industry (DOI), located in Tripureshwor, Kathmandu. The DOI reports to the Ministry of Industry, Commerce and Supplies.

What Can Be Patented

Under Section 2(a) of the PDTA, a patent covers any useful invention related to a new method of manufacture, a new process, or a combination of materials based on a new theory or formula. In plain terms: if you invented a new way to make something, or a new product that can be manufactured, it likely qualifies.

To be accepted, an invention has to meet three conditions:

Nepal operates on a first-to-file system. Whoever submits the application first gets legal priority, regardless of who actually invented something first. This makes early filing critical.

What Cannot Be Patented

Section 6 of the PDTA explicitly bars several categories from registration:

• Discoveries of natural phenomena or raw scientific facts
• Abstract theories, mathematical methods, and pure business concepts
• Software that isn't tied to a specific machine or physical process
• Medical, diagnostic, or surgical treatment methods practiced on humans or animals
• Inventions that harm public health, public order, or national interest
• Traditional knowledge and indigenous herbal formulations

Plant varieties and genetically modified organisms also fall outside the scope of the current law, as the PDTA has no specific provisions for them.

Types of Patents Recognized

The PDTA distinguishes between two main forms of industrial property protection relevant to inventors:

Invention Patents cover core technological innovations like new products, chemical structures, mechanical devices, and manufacturing processes. A granted patent is valid for 7 years initially, and can be renewed twice, giving a maximum total protection period of 21 years.

Design Patents protect the visual appearance or form of an industrial article, not its function. Protection here lasts 5 years, renewable twice, for a maximum of 15 years.

One important gap: Nepal's current law does not have a separate "utility model" category for small-scale functional improvements. If your invention is a minor enhancement to an existing tool or machine, it still has to clear the full patent threshold.

Before You File: Two Things That Matter

Do a prior art search first: The DOI's IP Section in Kathmandu maintains a computer database of registered patents. A basic search there is free. For international searches, WIPO's PATENTSCOPE database is the standard reference. Skipping this step and filing blind can mean waiting 12 to 18 months only to receive a rejection because something similar was already registered abroad.

Don't disclose publicly before filing: Nepal's novelty standard is global and absolute. If you present your invention at a trade fair, publish a paper about it, or pitch it to investors without a Non-Disclosure Agreement (NDA) in place, that public exposure can destroy your application. The DOI will reject it on the grounds that the invention is no longer new. File first and then disclose after.

The Registration Process, Step by Step

The administrative journey runs through seven stages:

Application Submission

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Formality Review

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Substantive Examination

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Technical Committee Review

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Administrative Grant

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Nepal Gazette Publication

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35-Day Opposition Window

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Final Certificate

Step 1: Submit your application at the DOI counter in Tripureshwor, using the format specified in Schedule 1(a) of the PDTA. You'll bring the completed form, five copies of your technical specifications and drawings, your citizenship certificate, and proof of fee payment.

Step 2: Formality review. Clerks check that documents are complete and fees are deposited. If anything is missing, you receive a correction notice.

Step 3: Substantive examination. An IP examiner checks your invention against the three criteria — novelty, inventive step, and industrial applicability — using both the local register and international databases.

Step 4: Technical Committee review. For complex applications, the DOI routes the file to a Technical Committee under Section 5(1) of the PDTA. This committee includes third-party domain experts and engineers from relevant government ministries. They assess the scientific validity of your claims.

Step 5: Administrative grant. If the Committee and examiners are satisfied, the DOI issues a grant decision. You pay the registration fee and receive your certificate.

Step 6: Nepal Gazette publication. Technical details, claims, and drawings are published in the official Nepal Gazette. This creates a public record of your patent.

Step 7: Opposition window. From the date the patent files are available for public viewing, any third party has 35 days to file a formal opposition with the DOI. If no challenge comes in within that window, the registration stands.

Documents Required

For Nepalese applicants:

• Completed application form (Schedule 1(a) format)
• Five copies of technical specifications, claims, abstract, and mechanical drawings
• Certified copy of the inventor's citizenship certificate
• Assignment deed if a company is filing on behalf of the inventor
• Bank deposit receipt for the application fee

For foreign applicants:

Foreign individuals and companies cannot file directly. They must appoint a licensed local legal agent through a Power of Attorney (POA) signed by the applicant and verified by two witnesses. Additional requirements include certified copies of the foreign patent application or home-country registration, translated into English and notarized, plus certified priority documents if claiming a Paris Convention priority date.

Fees and Costs

The government fees set by the PDTA schedules are as follows:

How Long Will It Take?

There's no quick path here. The timeline depends heavily on how complex your invention is and whether anyone challenges it.

If someone files an opposition, add more time for hearings and a final ruling. The DOI's manual file tracking system contributes significantly to delays, as does the scheduling of Technical Committee meetings.

Keeping Your Patent Valid

The initial protection period is 7 years from registration. After that, you can renew twice, each time for another 7 years, giving a maximum life of 21 years.

Renewal paperwork must be filed within the 35 days before the current protection block expires. If you miss that window, there's a grace period of 6 months, but you have to pay a flat penalty of NPR 1,000 on top of the standard renewal fee.

Miss the grace period too, and the patent is gone permanently. The invention moves into the public domain, and re-registration isn't possible. Competitors can freely use it.

If Someone Uses Your Patent Without Permission

Patent owners in Nepal have three enforcement routes:

Administrative (DOI): File a complaint with the DOI directly. The department has semi-judicial powers: it can conduct raids, seize infringing goods, and impose fines up to NPR 5,00,000 for unauthorized use of a patented process or product.

District Court: For significant financial losses, you can sue for damages and seek permanent injunctions against the infringing party.

Criminal. Willful, large-scale commercial infringement can lead to criminal prosecution, carrying up to one year of imprisonment and confiscation of manufacturing equipment.

If you're unhappy with a DOI ruling, you can appeal to the High Court within 35 days of the decision.

This blog post is for general informational purposes only and does not constitute legal advice. For guidance specific to your situation, consult a qualified IP attorney or patent agent registered with the Department of Industry.